Just what we need – another crowd cashes in on the Airbnb boom

The bit about ‘vetting’ ‘guests’ is absolute crock.  Here’s a Facebook quote from a well-know Sydney Airbnb ‘host’ who has about eight listings for her pad, including one for a tent and one advertising her ‘home’ as an ‘Events’ space:  

“Here’s something that should raise concern in us all.  [BTW, names changed to protect guest’s privacy.  Yes, I know, how ironic…]

I just received an IB (instant booking) for today and tomorrow for two people. It’s for one of my private rooms, not the entire place listing.

On the guest’s profile she calls herself Ruby Be, apparently because she hosts a property in Ruby Beach.  On her messages she signs off as Alicia.

On the itinerary it gives her name as Ruby Be.

I rant Airbnb to ask why the guest’s name wasn’t on the itinerary and to request the guest’s actual, legal name.

They refused to tell me.  When I pushed back they said that they had no obligation to tell me and that I no (sic) right to be told.

Extraordinary. Imagine what the press could do with this litle tidbit? So what happens if there’s cause to call the police or an ambulance? ‘I’m sorry officer/paramedic, but I don’t know the name of this person staying in my house’.”

Gotta love short-term rentals hey?  

All NSW Government MPs know exactly what’s going on as far as our Residential Title Deeds etc are concerned.  If they don’t, it means their Staffers are blocking information going to the actual MP.  

We purchased homes in R2 and R4 Residential Zones and Class 2 Residential Strata buildings.  We’re being robbed of our rights as Residential property owners.  In Strata, think one calls it “Fraud on the Minority”.

In London, Tubes and Busses are currently absolutely awash with advertising for Airbnb Management Agents  like Airsorted  and Hostmaker.  Obviously there is no limit to what can and is being spent on the commercialisation of housing.

OCN were the first ones to suggest that a mere strata by-law should override the Certificates of Classification (National Construction Codes) and the Determination of Development Application on Residential Strata buildings.  Our Politicians, Airbnb & Mob have of course seized upon this.

Good luck all:  We are now left in a permanent state of war with the conversion to (and costs of) living a ghost-hotel a mere General Meeting away.

All avenues have been pursued.  All avenues continue to be pursued.

Why hasn’t it worked?  One could volunteer a response.

NSW has legislation – excellent legislation – which lays out exactly how this situation can and has been handled to date.  We are also endowed with a long line of excellent case law, courtesy of the NSW Land and Environment Court.

Three hours ago correspondence was sent to NSW Ministers in relation to the Environmental Planning and Assessment Regulation 2000.  This NSW legislation is clear, plus reference was made to the fact that it very much appeared to have built upon as the result of Coroner’s Inquiries and Inquests.  Two hour ago that correspondence was followed up with details of another Coroner’s report dated yesterday, which had just come to hand, which made specific reference to the Act  mentioned above.  Minister Matt Kean and his Department of Innovation and Better Regulation have been sent a clear message yesterday by the Coroner.

All this has just been passed through to a forum currently underway in Byron – NSW Residents there can check with Councillors and local campaigners when their session today finishes.  Professor Nicole Gurran from Sydney University is helping them with data and also presenting at the forum.

Residents of NSW should feel a sense of relief that our legislation is so excellent.  The word is “should”.  Unfortunately our Legislators are ignorant of or deliberately choosing to ignore all legislation.

The position taken by ‘Millie’ and others with regards to short-term holiday rentals always refers back to legislation and the basis upon which Residents have purchased strata or property in R2 or R4 residential zones.  The position is based on legislation and consistent with that taken by the Accommodation Association of Australia.  

By way of contrast, Tourism Accommodation Australia’s position is (surprisingly) different; they are in partnership with Stayz/Expedia.  TAA is connected with the Australian Hotels Association (AHA), “the national voice of Australia’s hotel and liquor industry”.

By way of advice, ARAMA is hooking Expedia into big battle against any limits whatsoever on short-term letting in NSW.

Members of the NSW Parliament never let up on how valuable short-term rentals are to our State Economy.  Minister Matt Kean refers repeatedly and only to a report volunteered by Airbnb.  State Parliament has written that they have not sought any legal advice…and they’re relying on figures from Airbnb? 

And has anyone noted which MPs chose to abstain from voting on the Fair Trading Amendment Bill and indeed which MPs (with conflicts of interest) did indeed vote?

Our Members of Parliament must be called out on all the legislation they are ignoring, plus the fact that – particularly those in Strata – hold title deeds on residential property, plus there are Determination of Develoment Applications, which clearly state that our strata properties are for “permanent residential accommodation only and not for the purposes of a hotel, motel, serviced apartments tourist accommodation or the like“.

Hi JimmyT

From recent correspondence you will understand that access to all files isn’t possible at present.  The NSW Ombudsman will again be approached.  Will keep you abreast of news.

Suggestion:

NSW Office of Local Government, Manager, Policy, writes: “Finally, I would like to highlight that the Local Government Act 1993 (the Act) does not give the Minister for Local Government or OLG wide-ranging powers to intervene in the affairs of individual councils. Under the Act, councils are largely independent and self-governing bodies with discretions, rights and powers conferred by law. They are primarily accountable to their electors for their actions.”

The NSW Minister for Local Government: is also the Minister responsible for NSW National Parks, who seem to have ‘partnered’ with Booking.com and are renting short-term let properties.  No word as to whether or not these National Parks properties meet any statutory requirements.  And can’t see where this, or DestinationNSW’s massive-scale facilitation of short-term rentals has been declared anywhere.  Ministers, having sought this information from us, do not respond when presented with thousands of examples.

Byron Shire Council:  Seems keen to prosecute those involved in short-term rentals.  They should be encouraged and helped?  More NSW case law required.

Tourism Accommodation Australia:  Not aware of any notification, which followed on from their 05 April 2017 “world-first agreement” with Stayz/Expedia.  They do not respond to correspondence.

ARAMA/Expedia:  you are correct.

MPs voting:  Members with connections to/record of short-term rentals voted on the recent ‘Bill’.  And you are correct; some MPs sought pairs and did not vote. 

A letter was sent to all NSW State MPs prior to the vote on Matthew Kean’s Fair Trading Bill passing the lower house.  The contents relied heavily on the San Francisco model, which is now legislated. Happy to share this with you. 

The MPs who did vote have set aside this correspondence and voted through a Bill which contained zero detail.  One MP has reportedly admitted to this.

As previously mentioned, our approach to the NSW Parliament is based on current legislation across Federal, State, Local Government matters plus Land and Environment Court case law, Residential Title Deeds, plus the legislation imposed upon and met by Bed and Breakfast/Motel/Hotel and other accommodation providers.

Owners Corporation Network:  We have failed to secure any meeting with NSW State Ministers. Opposition MPs, including shadow Ministers, have advised that they have been told to pay no attention to us (and our cohort of 1,060 signatories plus their families).

The OCN is not responding to correspondence.  Some OCN Members are waiting to see how (and if) their Executive will respond.

The OCN pulled support for a ‘Day of Action on Short-Term Renting’ that was registered with the NSW State Police.  Might they themselves now consider and implement such a demonstration? Support would be considered to such a move.

Will the OCN consider the NSW Coroner’s Report and recommendations, issued last Friday?  There is no way that short-term ‘licenses to occupy’ can meet the recommendations which the Coroner has put to Minister Matthew Kean and ‘Innovation and Better Regulation’.

Will the OCN also follow through on another NSW Coroner’s Report?  It concerns the death of a four-year-old boy in a house fire at Anglers Reach near Adaminaby.   The family was staying in a “holiday home…destroyed in the fire that killed a young boy and badly injured his mother”.  The tragic death of that child and the report from the NSW Police was held in Queanbeyan Court. The Court can be contacted via: local-court-queanbeyan@justice.nsw.gov.au.  Was the property or any of the properties reportedly used by extended family members a NSW National Parks property?

Re your comment:  “Look out for a Fair Trading demand that all existing by-laws have to be put to another vote at a future AGM. They love Airbnb and will do whatever it takes to make life easier for them.”  You are correct.  Hence our insistence that a strata by-law – the lowest level of governance – not be the determining factor when it comes to our homes and communities.

Directly linked to the OCN’s position, will it consider a Submission (by one of its former Board Members) that was put to Parliament; the Submission is now marked “Confidential” and it contains a forensic accounting report showing exactly what it costs members of an Owners Corporations when short-term rentals are present in a building.  Where buildings see DAs/Certificates of Classification/Court Orders/NCAT Orders etc all thrown away and the building overrun with short-term rentals, would the OCN considered this as “Fraud on the Minority”? 

Acknowledging that no face-to-face contact with the OCN has been possible since their last-minute attendance at a meeting on 13 December 2016, which I put together and to which you also received an invitation.

Again, will be happy to share with you the correspondence sent to Parliament, in which we maintain our position and openly disclose that it is based heavily on that of the City of San Francisco’s.

The propriety rights of owners of existing residential properties must be respected by the NSW Government.

In Residential Zones where short term tourist accommodation is not currently permitted and/or where Development Consents already prohibit short term rentals, the NSW Government should not remove the legal rights of owners.

Refer to NSW case law.

What an interesting debate.  Thanks for the vote of support, Jimmy.  OCN has indeed been very busy on this issue, too busy to respond to critics who don’t understand or refuse to work with political processes.  OCN represents the interests of all strata owners, and therein lies a divergence of views. 

So OCN chose to call for the democratic right of each strata community to decide how their community is managed.  Just as they do with pets, parking, and strata renewal.  Once we secured that outcome, we could work on the detail which would include how an agreed change of use should be managed ie building requirements etc.  

The death penalty in the UK was abolished one crime at a time, starting with something like 99 crimes.  The short term letting arena will evolve, and OCN’s goal is to secure the best outcome possible for the majority of owners and residents.

While also securing better protections for off-the-plan purchasers, working towards improved building quality, and a more appealing strata living and investing experience.